Menacing can be a misdemeanor or a felony in the state of Colorado.
When no deadly weapon is involved, it's filed as a class 3 misdemeanor. Penalties could include:
- $50 to $750 in Fines
- Up to 6 Months in Jail
If the defendant had a deadly weapon or any object that someone could reasonably believe was a deadly weapon or the defendant made threats verbally or otherwise that that they were armed with a deadly weapon, that's filed as a class 5 felony. Penalties could include:
- $1,000 to $100,000 in Fines
- 1 to 3 Years in Colorado State Prison
In a menacing case in Boulder, Colorado, the district attorney must show that the defendant intended to scare the alleged victim. The defendant may have actually threatened the alleged victim or even scared them, but if a good Boulder criminal defense attorney can show that was not the intent of the defendant, it can be difficult for the prosecutor to get a conviction.
In some cases, people just say things at the spur of the moment out of anger that they didn't mean, the alleged victim might exagurate the circumstances to get revenge, you could have been acting in self defense or you had a weapon, but it wasn't considered a deadly way according to Colorado State Law. Those are complex issues that must be considered by an experienced Boulder criminal defense attorney in every menacing case.
Partial list of weapons that could be considered deadly in a menacing charge:
- Heavy Objects
Examples include heavy tools, a pipe or even a vehicle or a motorcycle.
- Baseball Bat
- Hidden Object that is Represented to be a Deadly Weapon
In other states, menacing is known as battery or making criminal threats and the defendant is often charged with assault or domestic violence along with the original menacing charge. Regardless of the exact circumstances of the charges against you, a misdemeanor or felony conviction of menacing is not something that you want to have on your record and you and your lawyer should do everything you can to make sure that doesn't happen.
Colorado Statute Title 18 Criminal Code § 18-3-206 Menacing
(1) A person commits the crime of menacing if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury. Menacing is a class 3 misdemeanor, but, it is a class 5 felony if committed:
(a) By the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon; or
(b) By the person representing verbally or otherwise that he or she is armed with a deadly weapon.